Law101

Microsoft®, Windows®, and Windows NT® are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix® editorial standards and practices. |Course Title: |LAW/531 – Business Law WL 10-V2108 | |Course Schedule: |Course Schedule: Mondays - 6 PM to 10 PM | | |Class 1: Oct. 4, 2010 | | |Class 2: Oct 11, 2010 | | |Class 3: Oct 18, 2010 | | |Class 4: Oct 25, 2010 | | |Class 5: Nov 1, 2010 | | |Class 6: Nov 8,, 2010 | |Course Location/Times/Newsgroup: |Location: Houston Campus – West Loop Campus, Houston, Texas | |Required Text: |Note: All required text materials can be found on the Course Nbr [pic] course page. The [pic]| | |page can be accessed through the University of Phoenix Student and Faculty Web site at | | |https://mycampus.phoenix.edu/ | |Electronic Resources: |(An Electronic Reserve Readings (ERR) page has been created for each week of this course. The| | |ERR contains recommended readings and suggested key word search parameters related to the | | |given week’s objectives. To locate the link for each week’s ERR, navigate to the “materials” | | |field under the appropriate week on the Course Nbr [pic] page. No password is required.) | |Instructor’s Name: |santire@email.phoenix.edu | |Alternative E-mail Address: |stanley@santire.com | |Availability: |I will be available after class and arrive arrive at least a half-hour before a class begins.| | |I check the Main Forum as well as my emails and make a good faith effort to respond within 24| | |hours and typically within 12 hours. | Instructor’s biographical Information The instructor in this class will be Stanley P. Santire. He is a member of the State Bar of Texas and has an active law practice. A graduate of the University of Texas School of Law, he also pursued post graduate work at the Columbia University Law School, New York, New York, and at the Academy of International Law, The Hague, The Netherlands. Former chief legal counsel for Lockheed International, AG, most of his legal work deals with labor and employment issues, business transactions, environmental matters, and construction. He represents clients in Federal and State Courts. He is a member of the State Bar of Texas, the State Bar Labor and Employment Section and State Bar Litigation Section and is a member of the Houston Bar Association where he belongs to the Labor & Employment Section. He is a member of the Houston Bar Association Continuing Legal Education Committee and the Harris County Law Library Committee. He is also a member of the Labor Employment Relations Association. He is admitted to practice in all Texas State Courts as well as the United States District Court for the Southern District of Texas and the United States Supreme Court. He has published several articles ranging from construction and employment subjects to privacy and international transactions. He has represented clients on three continents and given professional talks in forty-nine states of the United States. University of Phoenix Standard Policies and Procedures *Please see the Policy link on your rEsource page for the standard policies and procedures for the University. Course Changes Please note that the instructor’s assignments may vary from the original syllabus you received from the student web page. Assignments in this document take priority. While the reading assignments and learning objectives remain the same, some of the assignments in this syllabus have been customized for this particular section. Your instructor will point out the changes. Course Standards The University of Phoenix’s Adult Teaching and Learning Model is based on the assumption that, in preparation for every course, students will satisfy all prerequisites. During the course itself, students will achieve certain learning outcomes. All performance assessment depends upon the accomplishment of these outcomes. Students are graded on achievement, rather than effort. It is the responsibility of the student to come to class prepared for each workshop. Assignments are not accepted via e-mail. All assignments are to be posted in the OLS/Modality. Student Behavior Standards All students are expected to conduct themselves as mature adults and members of an academic community as defined in the University’s Code of Student Responsibility. Note: Please turn off all cell phones and pagers during class. Do not answer phones during class. Answering or making cell phone calls during class will result in lost points. Note: You can use laptops for any purpose during breaks. However, during class lecture, laptops can be used only for taking class notes. Points will be taken off if a laptop is discovered to be used during lecture for such things as surfing the web, sending email, reading emails or any use other than taking class notes. Please do not disturb other students with the use of your lap top. Note: Use of the following items are not allowed in class during class lecture time. They can be used during breaks only: 1. Blackberry/Treo. 2. Cell phones. 3. Pagers. Late Arrival / Early Departure Breaks: Each class will be given two “break” periods. Students are expected to return from the break on-time. If you return from the break more than 5 minutes after the allowed break time, you will be penalized 1/2 point(s). Late arrival and early departure: Students are expected to be punctual. Late arrival or partial presence will be recorded and will result in a reduction of class participation points as follows: |Entering class after 6:15 PM |Loss of three participation points | |Arriving more than five minutes after break |Loss of one participation point | |Leaving class before the end of class |Loss of one participation point | |Last class of course (Class #6) leaving before class is complete |Loss of three participation points | Online Learning System Forums We will have a set of Online Learning System forums available to us during this class. To access the forums, click on the Go to class link on your student website. These web-based forums provide you with: • a common area solely for our class group (Main forum) where you can post questions between our on-campus workshop meetings • a Chat Room forum which you can use for non-class interactions with classmates (be sure to honor the Student Code of Conduct in this, and every, forum!) • electronic access to the course syllabus which will be used in this class (see the syllabus in the Course Materials forum). This is the only material that will be posted in the Course Materials forum. No lectures, PowerPoint presentations, or other materials will be posted in this forum • a personalized electronic drop-box – Assignment Link/Folder - for completed assignments. Each student will not be able to see or access any private forum except the one created for him or her individually. • Assignments are not accepted via e-mail.  Please ensure that all assignments are submitted to the Individual Forums in OLS by the due date indicated in this document. NOTE:  Assignments are only accepted via e-mail when the OLS forums are unavailable. There are no online attendance or participation requirements during this course. All attendance and participation activity will occur only during our on-campus workshop meetings. If you have any questions about the class forums, please let me know during our on-campus class time or by posting your question(s) in the Main forum. Student Effectiveness In order for students to be successful there must be a commitment to effective processes. The classroom environment is a cooperative experience that requires the student to be responsible for several matters, some of which are listed below: 1. A working University of Phoenix email address 2. The reading of materials intended for and provided for this course 3. Making sure of the attachment of documents placed in their individual forums, meant for meeting homework assignment goals 4. The checking of their individual forums for messages from the faculty member on a regular, at least once a week, basis 5. Students should be mindful that the OLS forums are representative of an academic community. Therefore, professionalism and respectful behavior is required by all students for the facilitator and co-learners during any online chat, team discussion, or individual forum. 6. The student is responsible for the above conditions. Writing Standards • APA: Unless as noted otherwise, all papers must be submitted in APA format as per UOP guidelines. The mechanics of student papers and work will be evaluated, as well as the content. It is imperative that guidelines be reviewed before an assignment is begun. It is also important that the required submission format be followed in compiling the final paper or assignment. • GRADING AND WRITING STANDARDS: I place considerable importance on the quality of writing. In addition to being responsive to an assignment, a student is expected to write a paper in a coherent and grammatically correct form. Before turning in a paper please always read through the paper to insure correct spelling, correct grammar, and that ALL SENTENCES MUST BE COHERENT; i.e. they make sense. By coherent I mean that a sentence is logical and clearly expresses what you intend to say. By contrast an incoherent sentence makes no sense or very little sense. Also a coherent sentence fits into a flow of thought related to the preceding sentence and the following sentence. • PLAGIARISM: I submit all papers to Turnitin and have no patience with plagiarism. You are encouraged to check your papers by also doing this before submitting a paper. Please do not submit to me your Turnitin results in that I use the results of my submission. • QUOTES: If you quote material from a source, put quotation marks to indicate the quoted language and properly cite the source. Be sure to put the quoted portion of a paper in quotation marks. • 20% Rule: No more than 20% of a paper can consist of quoted material and that material must be legally quoted; i.e. in quotation marks and properly cited per APA Assignments: • All assignment papers must be submitted by 5 PM Houston time (CST) of the day for which the paper is assigned and due. • No late papers (after 5 PM) will be accepted. Please do not ask for an exception to this rule. If you do, it will not be granted. • As a student you have the responsibility to insure that the paper submitted is actually attached to the transmission. • Papers are to be submitted only via OLS on the respective student's Assignment Link/Folder and never via email. • Please do not submit any papers on the OLS Main forum. • Papers are to be written in 12 or 13 point type, New Times Roman. • Cover sheet: o Each individual paper is to have a cover sheet that has ALL OF the following information: ▪ Name of the student. ▪ Name of the paper according to the title of the assignment. ▪ Name of the class which is LAW 531 ▪ The date the paper is due ▪ Name of the instructor; i.e. Stanley P. Santire o Each team paper is to have a cover sheet that has the following information: ▪ Name of team (Team A, B, C, etc) ▪ Name of each member of the team ▪ Name of the class which is LAW 531 ▪ The date the paper is due ▪ Name of the instructor; i.e. Stanley P. Santire o Team papers will be submitted by the individual so designated by the team on that member’s respective individual OLS forum. The team will provide the name of this individual during the first class session. The team paper for a team will be submitted via that individual’s Assignment Link/Folder and not on a team forum or the main forum. ▪ Each team will design a thorough editing process with at least two team members reviewing the paper before final submission. This is very important considering the fact that all team members get the same grade on a team paper. Elements of an Assignment • Carefully read an assignment and make sure that your paper covers all elements in the assignment. Note that an assignment can consist of multiple elements; i.e. each paper must cover various points. Make sure each element is covered. Failure to do so will result in lost points on that paper. • The Gregg Reference Manual, coupled with the American Psychological Association (APA) 6th Edition Publication Manual, will serve as the primary reference materials for all UOP students and faculty and is required across all programs and colleges. • Note that all assignments have a minimum and maximum length. Points will be lost for being shorter than the minimum or longer than the maximum. Format for Assigned Papers • All papers will be submitted in Microsoft doc. format or docx.format - not rtf, pdf or any format other than doc or docx. • If your software automatically uses rtf or any format other than doc or docx, please convert the paper to doc or docx format before submitting it. • Insure that your paper is not longer than the maximum length assigned and not shorter than the minimum length that might be assigned. Points are lost for failing to stay within these limits. • You have the responsibility to know whether your paper is late. You also have the responsibility for knowing whether or not you missed turning in an assignment. • Please keep track of your grades. If you do not see a grade for a paper you turned in, contact me. • Note: If you contend that you attached a paper to a transmission and it was not transmitted due to a technical problem in OLS, you will need validation from the University of Phoenix that such a problem occurred. Late Assignments Assignments must meet the deadlines established. Late papers will not be accepted in this course. Please do not ask for an exception from this procedure. Feedback on Assignments The facilitator will return the student assignments before the next class with specific and objective feedback to facilitate student learning. Papers will be posted in the Assignment Link/Folder for both individual and team assignments. If there are concerns about the work or grade, the student may be contacted by the instructor, either by email or telephone, to resolve the concern. In addition, the student may contact the faculty to discuss concerns or schedule a conference. • Students are encouraged to discuss their paper with me in the classroom, before or after class or during a break. • Graded papers are returned with comments in the margins as well as an attached Feedback Form. A copy of the Feedback Form is attached to the end of this syllabus as Attachment A. Withdrawals University policy does not permit the instructor to issue course grades other than a "W" to students with more than one class absence. Learning Teams Learning teams are an essential part of the academic experience of UOP students. In addition to providing a supplemental learning environment for mastery of course content, learning teams provide students an opportunity to develop and refine teamwork skills. Learning Teams may meet face-to-face, virtually, or telephonically. During the first learning team meeting, the team members should collaborate in completing the Learning Team Charter. This exercise will help the team plan for effective achievement of team tasks, establish ground rules, and minimize conflict in the team process. Team members will sign the charter, indicating that they contributed in the preparation of the form. Each team member should receive a copy and a copy should be submitted to the instructor at the second course class/workshop. Make sure that your team charter has specific and detailed procedure to deal with any team conflict as well as a procedure to deal with the failure of a team member to contribute to the team effort. Referring a conflict to the facilitator is not acceptable. The team must make such decisions, not the facilitator. Note: If a person/people on your team did/does not participate in a “team assignment”, that lack of participation must be noted on the team log and each team member must sign the log. Insure that your charter addresses how to deal with failure by a team member to participate. Note: In addition to comments on the team log, any lack of participation by a team member should be brought directly to the attention of the facilitator. Note: Please treat the Team Charter as a contract. It should specify all of the agreed upon ground rules, guidelines and consequences for the various “team” assignments. • Of particular importance in a team charter is the process whereby a team is to deal with: o Conflicts within the team. o Allocation of responsibilities among team members. o How to deal with conflict within the team. • Note: faculty will not deal with team conflict. That is a team responsibility that must be clearly addressed in the team charter and must be dealt with by the Team. Learning Team Standards The Learning Team Log is used to document objectives, resources and activities, accomplished tasks, and hours. The team should develop an effective team charter. Members should effectively manage conflict within the group and resolve problems, share workload equally, build consensus, and effectively share in decision making. Products of the team process such as team papers are to be cohesive and should present the image of a single product rather than a collection of individual products. Tasks should be completed on time and meet established requirements. • Each team is strongly advised to designate at least two members to thoroughly review and edit team papers before they are submitted. Grading for Team Assignments Everyone in the Learning Team receives the same grade for the team project. Sometimes, however, a team may notify me that a Learning Team member is an uneven or non-contributor, I reserve the right to grade that team member individually, as it is not right for a non-participating member to receive the same grade as a student who has done all of his or her required work. However, I will do this only if the team charter clearly provides for this process and the team has addressed the issue as a team. Grading • How Points and Percentages Equate to Grade |100-95 |A |  |76-74 |C | |94-90 |A- |  |73-70 |C- | |89-87 |B+ |  |69-67 |D+ | |86-84 |B |  |66-64 |D | |83-80 |B- |  |63-60 |D- | |79-77 |C+ |  |59 < |F | NAME PLACARDS (Name Cards on Desk) As stated above, each student is expected to have a name placard visible in front of the student for every class. The first name of the student is to be in large block letters on the card. Failure to have such a card in a class will result in loss of points. If you are one of two or more students with the same first name, include the first letter of your last name. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization’s legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Topics & Objectives Week One: Legal Systems of Business • Explain traditional litigation and its application to business transactions. • Create an alternative dispute resolution best suited to a common business issue. • Describe how the legal system functions to resolve business problems. Week Two: Tort and Regulatory Risk • Propose actions a company may take to avoid tort liability and litigation. • Propose actions a company may take to avoid product liability risk. • Assess methods for managing legal risk arising from domestic and international regulatory matters. Week Three: Contract Risk and Opportunities • Analyze legal risk issues arising from contract formation, performance, and remedies. • Evaluate measures business leaders may take to avoid risk in transactions. • Explain transaction risk arising in unique environments. Week Four: Risk in the Employment Relationship • Analyze legal risk arising from wrongful discharge. • Evaluate legal risk associated with employment discrimination and harassment. • Evaluate the regulatory and compliance requirements related to employment and benefits. Week Five: Risk Arising in Tangible Property and Intellectual Property • Propose methods for managing legal risk involving tangible property. • Design plans for protecting business intellectual property. • Propose methods to avoid liability arising from violating the property rights of others. Week Six: Business Forms and Governance • Compare and contrast the legal forms of business. • Analyze applications of the Sarbanes-Oxley Act. • Design plans for managing the legal liability of officers and directors. Course Materials Cheeseman, H.R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Prentice Hall. All electronic materials are available on your student website. All electronic materials are available on your student Web site. Recommended Weekly Point Values | | | |Week One |  | |Individual Assignment: ADR Clause for Learning Team Charter |8 | |Assessed Discussion Questions |2 | |Week Two |  | |Individual Assignment: Recognizing and Minimizing Tort and Regulatory Risk Plan |8 | |Assessed Discussion Questions |2 | |Week Three |  | |Individual Assignment: Recognizing Contract Risk and Opportunities Memo |10 | |Assessed Discussion Questions |2 | |Week Four |  | |Individual Assignment: Legal Risk and Opportunity in Employment |12 | |Week Five |  | |Assessed Discussion Questions |3 | |Week Six | 5 | |Law & Management Test (in class) | | |Individual Assignment: Final Examination (online) |15 | |Individual Assignment: Corporate Compliance Plan |15 | |All Weeks |  | |Participation & Discussion Questions |18 | |Point Total |100 | | | | Week One Legal Systems of Business • Explain traditional litigation and its application to business transactions. • Create an alternative dispute resolution best suited to a common business issue. • Describe how the legal system functions to resolve business problems. Course Assignments 1. Readings • Read Ch. 1–4 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. 2. Individual Assignment: ADR Clause for Learning Team Charter • Prepare an ADR clause that may be used by a Learning Team to resolve disagreements among members. The ADR process is to consist of Mediation or Arbitration of a combination of Mediation and Arbitration. A very important element of this paper is to be correct at to the distinction between Mediation and Arbitration: i.e. not to use a Mediation process and call it Arbitration or use an Arbitration process and call it Mediation. The clause must be suitable for use by any Learning Team in any course of your program. ▪ NOTE this assignment requires you to write an ADR clause that can be used by the team in handling a disagreement among members. It is not an assignment to merely discuss the value of ADR, the history of ADR, the philosophy of ADR, or the benefits of an ADR clause. It is to be a usable ADR clause and therefore include concrete steps to be used by the team in dealing with a disagreement. Furthermore, referring a disagreement to the class facilitator is not a proper ADR provision. The facilitator is not a member of the team and is therefore not involved in resolving team disagreement. ▪ At a minimum, the clause will include either a mediation process or an arbitration process or both and will specifically describe how the process or processes are to work. • Include at least one ADR method such as mediation or arbitration in the clause. You may include more than one. The clause must provide all information necessary to define what disputes are subject to an ADR. • Identify all provisions necessary to enable the ADR to occur. The clause must also provide information needed for the ADR to work effectively. • Write an ADR clause of no less than 200 and no more than 350 words. • Format your ADR clause consistent with APA guidelines. 3. Discussion Questions (Be prepared to discuss the following in-class) • Assessed: What is one way the U.S. legal system affects U.S. businesses' How do specific aspects of the U.S. legal system help further commerce' What would happen if that characteristic were not present' Avoid discussing something mentioned by other students. • Assessed: Reflect on the traditional litigation system; for example, suit, answer, discovery, trial, or jury. What are risks organizations encounter when dealing with traditional litigation' What measures may managers take to reduce exposure to those risks' • Select a dispute that arises in a business or commercial situation. What ADR process would be best suited to resolve this dispute' Explain why. What processes would not be suitable' Why not' Avoid selecting a dispute mentioned by other students. Week Two Tort and Regulatory Risk • Propose actions a company can take to avoid tort liability and litigation. • Propose actions a company can take to avoid product liability risk. • Assess methods for managing legal risk arising out of domestic and international regulatory matters. Course Assignments 1. Readings • Read Ch. 5, 6, 43–46, 50, & 54 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. 4. Learning Team Instructions: Recognizing and Minimizing Tort and Regulatory Risk Plan • Resources: Business Regulation simulation • Conduct the Business Regulation simulation on the student Web site. • Identify legal issues in the simulation and note the legal principles that apply to each. Some issues are more obvious than are others. Repeat the simulation as often as needed to make sure you identify all legal issues and principles. • Collaborate on the legal issues and principles in the simulation. • Share your findings with teammates, and discuss any issues you identified that they did not. Ask for clarification from team mates on issues your teammates identified that you did not. At the end, each team member must produce a table that displays the relevant issues and principles. This table is to accompany your individual assignment paper described below as “Individual Assignment”. 5. Individual Assignment: Recognizing and Minimizing Tort and Regulatory Risk Plan • Resources: Business Regulation Simulation • Write a plan using the table you created in your Learning Team collaboration for a company such as Alumina, Inc., explaining how regulatory risks may be identified and managed through preventive, detective, and corrective measures. • Identify common torts and risks found in the simulation and textbook. • Describe specific measures to manage each risk. • Write a plan of no less than 750 words and no more than 1,400 words. • Format your plan consistent with APA guidelines. 6. Discussion Questions (Be prepared to discuss the following in-class) • Assessed: Select a product with which you are familiar or in which you are interested. Be sure other students have not mentioned the product. What are its product liability issues' What measures may management take to prevent these issues from arising' How may they minimize legal risk' • Assessed: How do government regulatory agencies and laws affect organizations' Choose one or two specific regulatory requirements and explain what effect they have on organizations. How do they differ domestically and internationally' • Describe the tort risk exposure for your employer or for another organization with which you are familiar. The exposure may include intentional torts, unintentional negligence torts, and torts arising out of strict liability. Avoid discussing product liability. How does the risk arise' What legal principles govern this liability' What may a manager do to prevent risk exposure, detect problems that may arise, and minimize damages' Avoid repeating other students’ work. Week Three Contract Risk and Opportunities • Analyze legal risk issues arising out of contract formation, performance, and remedies. • Evaluate measures business leaders can take to avoid risk in transactions. • Explain transaction risk arising in unique environments. Course Assignments 1. Readings • Read Ch. 9–11, 14, 16–18, & 20 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. 7. Individual Assignment: Recognizing Contract Risk and Opportunities Memo • Resources: Contract Creation and Management Simulation • Run the Contract Creation and Management simulation on the student Web site. a. Identify what a manager might do to avoid those risks, to minimize liabilities, and to benefit from opportunities. Each legal risk or opportunity is governed by specific principles. b. Identify the legal principles and relate specific measures managers might take to minimize legal risk or realize legal opportunities. c. Evaluate alternatives to resolve problems identified in the simulation. d. Explain which alternative approach you believe is best and explain why. • Write a memo of no less than 750 words and no more than 1,400 words. • Format your memo consistent with APA guidelines. 8. Discussion Questions (Be prepared to discuss the following in-class) • Assessed: What are some special issues that arise in Internet transactions' What must managers do to protect their organizations in Internet transactions' Avoid discussing an issue mentioned by other students. • Assessed: What special issues arise in international business transactions' Identify two issues and discuss what managers may do to minimize exposure to legal risk and uncertainty associated with these issues. Avoid discussing an issue mentioned by other students. • Assessed: Select a business contract transaction with which you are familiar. You may use a transaction in your workplace or in a place where you have been a consumer, such as buying auto insurance, renting or purchasing a residence, or buying cell phones or computers. What are the contract’s elements' How are the contract’s terms established' What may managers involved in the transaction do to minimize risks and maximize benefits' Avoid discussing a transaction mentioned by other students. Week Four Risk in the Employment Relationship • Analyze legal risk arising out of wrongful discharge. • Evaluate legal risk associated with employment discrimination and harassment. • Evaluate the regulatory and compliance requirements related to employment and benefits. Course Assignments 1. Readings • Read Ch. 31–33 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. o Read this week’s Electronic Reserve Readings 9. Individual Assignment: Legal Risk and Opportunity in Employment The following three Legal Encounters involve NewCorp, your employer. You are required to provide a brief answer to the questions asked at the end of each encounter. Your boss expects a substantive answer, not simply a recommendation to refer matters to an attorney. The majority of businesses in the U.S. do not have staff counsel, and your boss does not want to spend money getting advice until after you provide an assessment. In your answer, identify what legal principles support your decision. All encounters can be supported from legal principles found in the readings for this week, including cases and statutes. Discussion of each encounter must be limited to no less than 250 words and no more than 350 words. Legal Encounter 1: Newcorp hired Pat Grey as manager of real property for Newcorp in Vermont, responsible for activities related to maintaining leased office space. In that role, Pat supervised 51 employees and lower-level supervisors, and dealt with tenants who leased commercial space. For the job, Pat relocated from another city 300 miles away, moving his spouse and children, selling and buying a home, and dealing with a spouse having to quit her job to seek employment in the new state. After Pat had been on the job for three months, his boss explained that things did not seem to be working out, and said that Pat would be discharged with 30 days severance pay. Pat was surprised because his employer gave no indication of any problem on the job. Newcorp’s Personnel Manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees: Notice of Unsatisfactory Performance/Corrective Action Plan If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a Corrective Action Plan (CAP). If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow. Pat acknowledged that upon employment, he signed an understanding that the company observed employment at will with respect to employment and discharge, but believed that the above provision limited Newcorp’s freedom to fire him at will. Finally, Pat observes that Newcorp senior management was “noticeably unfriendly” after Pat had been vocal at a local school board meeting. In the meeting, Pat insisted that school sports funds should be equally allocated among all student athletic programs, not just concentrated on the boy’s football and basketball programs. His position on the matter was unpopular, and although no one at the school board meeting identified Pat as a Newcorp employee, he believed that this contributed to the Newcorp decision to discharge him. What liability and rights, if any, do Newcorp or Pat have in this situation' What legal principles (statutory or case law) supports those rights and liabilities' Remember to limit your answer to a maximum of 350 words and no less than 250 words. Legal Encounter 2: Newcorp employed Sam as a supervisor of electrical manufacturing for auto under-dash wiring harnesses. Sam’s department employed about 100 men and women to create the wiring, coat it with various insulators, and then connect it to different types of universal couplings so car speedometers, oil gauges, and other instruments would work. The final product, an under-dash wiring harness, was sent to the final assembly plant for installation in cars. Sam developed a relationship with one of his female employees, Paula. They began dating and it turned into a torrid affair that included frequent trysts at the workplace. Paula later met and began dating a man who did not work for Newcorp, and thereafter ended the affair with Sam. Sam did not give up easily and continued touching Paula and exhibiting a variety of other unwelcome behaviors, even after Paula clearly told him to stop. Sam suggested that Paula’s work might be suffering from a “lack of interest” on her part, and since she stopped dating him, she seemed to lack interest in work quality. Paula decided to get away from Sam, and applied for a transfer to the wire-coating section, which would not be directly under Sam’s control. Sam blocked the transfer, citing company policy that there was evidence that the chemicals used in wire coatings could harm an early-state fetus being carried by a newly-pregnant woman. Because Paula was a young woman who could become pregnant, Sam argued, Newcorp could not take the chance for Paula to work in wire coating due to the possibility of Newcorp liability for a resulting birth defect. Paula believed this was probably Sam’s way of keeping her under his thumb, and that even if it was not, it was discrimination based on sex and therefore illegal. What liability, if any, does Newcorp have in this situation' What can and cannot Newcorp do' In your answer, identify what legal principles (statutory or case law) support your belief. Remember to limit your answer to no more than 350 words and no less than 250 words. Legal Encounter 3 Paul called OSHA to complain about Newcorp requiring him to work in a dangerous situation. Newcorp employed Paul as senior maintenance technician, which required him to work in confined spaces to repair equipment. Repair of the pulp shredder was particularly difficult because the space in which Paul worked was very narrow and the machine noise and vibration irritated Paul when he turned the machine on and off during repairs. After one employee was injured while working on the machine, Newcorp moved the machine a little to create more working area, but nearby building support beams allowed little movement for the machine. Paul refused to work on the machine, saying that it was still too confining and dangerous. The safety manager for Newcorp reviewed the area and deemed it safe. Paul also said that he became claustrophobic because of working in such confining spaces, and that this condition arose out of his employment, making it a worker compensation issue. In addition to calling OSHA, Paul threatened to get a lawyer and sue Newcorp. Management was not sure what legal principles apply to the circumstances presented in this situation. What liability, if any, does Newcorp have in this situation' What regulatory and compliance requirements and legal principles (statutory or case law) are relevant to this situation' Remember to limit your discussion of each encounter to no more than 350 words and no less than 250 words. • Post your assignment as a Microsoft Word attachment 10. Discussion Questions (Be prepared to discuss the following in-class) • Discuss legal issues present in a Reduction of Workforce situation. What alternatives does the manager have' What benefits and liabilities are associated with each choice' Identify legal principles and laws relevant to the discussion. • Select either employment discrimination or sexual harassment and discuss its surrounding legal issues. What may managers do to prevent, detect, and remedy legal risk arising from this topic' Relate your comments to relevant laws and legal principles from your readings. • Select a regulatory or compliance requirement related to the employment relationship. The requirement may involve workplace safety, wages and hours, or retirement. What law governs the requirement' What obligations does that requirement create for the employer and employee' What may managers do to ensure compliance' Avoid discussing requirements mentioned by other students. Week Five Risk Arising in Tangible Property and Intellectual Property • Propose methods for managing legal risk involving tangible property. • Design plans for protecting intellectual property. • Propose methods to avoid liability arising from violating property rights of others. Course Assignments 1. Readings a. Read Ch. 7 & 47–49 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. 11. Learning Team Instructions • Select an industry in the United States, such as automotive, pharmaceuticals, or information technology. • Research various aspects of this industry for tangible and intellectual property issues. • Identify which properties are significant to the industry, what managers in the industry might do to protect an organization’s property rights, and what they must do to ensure an organization protects others’ intellectual property rights. Research requires an understanding of tangible and intellectual property, and issues in the selected industry. • Discuss your findings and prepare an outline or summary of your research. • Use your team’s findings to individually answer the assessed discussion questions posted by your facilitator or discussed in class. • Each team individual must write and submit your individual outline or summary. 12. Discussion Questions (Be prepared to discuss the following in-class) • Assessed: What actions must a manager in the selected industry take to identify and protect an organization’s tangible property rights' Add supplementary information to teammates’ posts as needed. Comment on your classmates’ postings by comparing your industry with theirs. • Assessed: What actions must a manager in the selected industry take to identify and protect an organization’s intellectual property rights' Add supplementary information to teammates’ posts as needed. Comment on your classmates’ postings by comparing your industry with theirs. • Assessed: What actions must a manager in the selected industry take to identify and protect an organization from violating others’ intellectual property rights' Add supplementary information to teammates’ posts as needed. Comment on your classmates’ postings by comparing your industry with theirs. Week Six Business Forms and Governance • Compare and contrast the legal forms of business. • Analyze whom Sarbanes-Oxley applies to and how it applies. • Design plans for managing the legal liability of officers and directors. Course Assignments 1. Readings • Read Ch. 34–37, 39, 40, & 50 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. 13. Final Examination • Resource: Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues • Open the link to the Final Examination, located on your student website; the link is available from the end of Week Five through the end of Week Six. • Complete the Final Examination. You are allowed one attempt to complete the exam, which is timed and must be completed in 3 hours. Results are auto-graded and sent to your instructor. Note. Final examination questions are adapted from Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. 14. Individual Assignment: Corporate Compliance Plan • Resource: Riordan Manufacturing Virtual Organization. • Access the Riordan Manufacturing Virtual Organization on the student website. • Create a Corporate Compliance Plan of no less than 1,500 and no more than 2,000 words for Riordan. The plan must synthesize your learning and must apply legal principles of business management. Focus your plan on managing the legal liabilities of Riordan officers and directors. • Address the following six (6) elements in your plan: o ADR o Enterprise and product liability o International law o Tangible and intellectual property o Legal forms of business o Governance • Outline your plan using the elements above. Use previous individual assignments to bring insight to this project. • Create your plan as if you were distributing it to officers and directors. • Implement enterprise risk management based on Committee of Sponsoring Organizations of the Treadway Commission recommendations, which may structure your plan. Incorporate key concepts from your readings as needed. • Address specific laws or aspects Riordan must adhere to and outline steps for employees to adhere to. The plan must also address how to handle situations in which laws are violated or in question, such as when to call in legal counsel, what rights employees have, or whom to turn to when actions are taken against Riordan. • Format your plan consistent with APA guidelines. 15. Individual Assignment: Video & In Class Test: The test (in class) titled “Law & management Class) discussed below is based on watching the video. Prior to class view assigned on-line video and be prepared to take the “Law & Management Test” based on the video. To access the video, go to youtube.com. Put in the search term “santire”. Watch the video titled “Santire Public Service Talk”. i. This test will be in class): 1. To prepare for this class, go online to youtube.com. Put the search term “santire”. Watch the video titled “Public Service Talk on Employment Law”. 2. This video is 5 minutes & 45 seconds long and will be the basis for the Law & Management Test. Attachment A FEEDBACK SHEET Content/Development | | | |20% | | |Subject Matter: | | |Key elements of assignments covered | | |Content is comprehensive/accurate/persuasive | | |Displays an understanding of relevant theory | | |Major points supported by specific details/examples | | |Research is adequate/timely | | |Writer has gone beyond textbook for resources | | | | | |20% | | |Higher-Order Thinking: | | |Writer compares/contrasts/integrates theory/subject matter with work | | |environment/experience | | |At an appropriate level, the writer analyzes and synthesizes theory/practice | | |to develop new ideas and ways of conceptualizing and performing | | Organization | | | |30% | | |The introduction provides a sufficient background on the topic and previews major | | |points | | |Central theme/purpose is immediately clear | | |Structure is clear, logical, and easy to follow | | |Subsequent sections develop/support the central theme | | |Conclusion/recommendations follow logically from the body of the paper | | Style/Mechanics | | | |Format--10% | | |Citations/reference page follow guidelines | | |Properly cites ideas/info from other sources | | |Paper is laid out effectively--uses, heading and other reader-friendly tools | | |Paper is neat/shows attention to detail | | | | | |Grammar/Punctuation/Spelling--10% | | |Rules of grammar, usage, punctuation are followed | | |Spelling is correct | | | | | |Readability/Style--10% | | |Sentences are complete, clear, and concise | | |Sentences are well-constructed with consistently strong, varied structure | | |Transitions between sentences/paragraphs/sections help maintain the flow of thought | | |Words used are precise and unambiguous | | |The tone is appropriate to the audience, content, and assignment | | Comments / Grade | |